Foreign trade notification power upheld where Central Government approval and ex officio signature showed valid exercise of authority.

The notification was treated as a valid exercise of Central Government power under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, because it expressly invoked that provision and amended the import schedule on behalf of the Central Government. The Director General of Foreign Trade signed it in an ex officio capacity as Additional Secretary, and the file records showed prior approval at the Central Government level. On that basis, the court found that the notification was not a personal exercise of jurisdiction by the Director General, and the Single Judge's finding that he lacked jurisdiction was set aside to that extent.

---

---

Issues: Whether the Director General of Foreign Trade had jurisdiction to issue the impugned notification under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, and whether the notification was issued on behalf of the Central Government.

Analysis: The notification itself stated that it was issued in exercise of powers under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-09, and that the Central Government was amending the relevant import schedule. The signature of the Director General of Foreign Trade as Ex-Officio Additional Secretary to the Government of India, together with the official files showing prior approval at the Central Government level, established that the notification was not a personal exercise of power by the Director General. The record also indicated that the policy decision originated from the Central Government and was implemented through the prescribed procedure.

Conclusion: The finding that the Director General of Foreign Trade lacked jurisdiction to issue the notification was unsustainable, and the learned Single Judge's judgment was set aside to that extent.

---